Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not
Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?
A:
While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to give them the proper notice to vacate the premises. If your lease requires notice prior to the lease ending stating you will not renew, you must give that notice in the time specified in the lease. Further, if you do not sign a new lease and simply want the property back giving a notice of 60 days seems reasonable in this situation. It seems absurd that once you rent to a military person you cannot give them notice based on the provisions of the lease to move from your property.
Good luck in your future endeavors.
Leonard A Englander and Thomas C. Valkenet agree with this answer
A: There is a legal right in federal law that allows active military personnel to terminate a lease early when they have been given orders to relocate or deploy for duty outside of the area where the premises are located. That obligates the landlord to release the military tenant from the lease and to return the security deposit at the end of the termination date. There is no legal right of a military tenant to continue residing in and extending the lease term of a residential lease that otherwise has reached the end of the lease term. Ask your realtor to provide you with the legal citation of whatever law they claim they know about, and I am sure they will be unable to do it. I have never heard of such a restriction.
Leonard A Englander and Peter J. Weinman agree with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.